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IN THE HIGH COURT OF ANDHRA PRADESH
T MALLIKARJUNA RAO
Veeravilli Kamesh Naga Venkateswararao, S/O. Nageswararao – Appellant
Versus
State Of A.P., High Court of A.P., Hyderabad – Respondent
ORDER:
T MALLIKARJUNA RAO, J.
1. This Criminal Revision Case is filed against the Judgment dated 12.10.2009, passed in Criminal Appeal No.41 of 2009 by the learned District and Sessions Judge, Visakhapatnam (hereinafter referred to as 'the 1st Appellate Court'), whereby the 1st Appellate Court partly allowed the appeal by confirming the Order of the District Collector dated 02.09.2009, passed in C.C.No.539 of 2008, relating to confiscation; however, it modified the quantum of confiscation from 100% of the seized stock to 40% of the seized stock.
2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the District Magistrate, for the sake of convenience.
3. The brief averments of the case are that on 04.09.2008, the District Supply Officer, Visakhapatnam (City), acting on credible information about illegal hoarding, along with the Dy. Superintendent of Police, Vigilance and Enforcement Department, conducted a surprise inspection at Sri Veeravalli Traders, Jabbarithota, Visakhapatnam. The accused, proprietor, was found operating without a foodgrain licence, lacking bills, sales records, and stock registers. A total of 2,794 bags (698.50 quintals
The court held that timely compliance with licensing requirements negates grounds for confiscation, emphasizing the necessity of just legal procedures.
The court affirmed that proper procedural adherence under the Essential Commodities Act is essential for confiscation, and failure to comply with licensing conditions justifies such actions.
The absence of explicit mention of Control Order violations in a confiscation notice does not invalidate enforcement actions under the Essential Commodities Act.
Confiscation of essential commodities requires concrete evidence of illegal activity; without such evidence, penalties and confiscation orders are unlawful.
Special Acts like The Essential Commodities Act prevail over general provisions of Cr.P.C. regarding confiscation.
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